A/HRC/14/44
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medium-term handling of this matter, the independent expert wishes to restate a number of
principles and formulate some recommendations which remain relevant in the context of
providing technical assistance to the Haitian authorities.
A.
Consolidation of the rule of law
1.
The police
66. Ever since he took up his duties the independent expert has been following closely the
introduction and implementation of the national plan for reform of the police, noting inter
alia in his preceding report that the security situation has improved and that the police
reforms were visible, even if there might be legitimate doubts about the procedure for
removing undesirable police officers from the force.
67. The reform of the National Police and the vetting procedure introduced with
MINUSTAH support had been one of the main features of the re-establishment of what is a
cornerstone of the rule of law. The vetting of the records of all police officers had made
considerable progress, several hundred files had been referred to the Supreme Council of
the National Police, which was to take the decision to retain the officer in question in the
ranks or to dismiss him if he did not satisfy the requirements of a democratic police force.
68. This process was interrupted by the earthquake and the records which were to be used
to certify Haiti’s police officers or remove undesirable elements were unfortunately lost
when the buildings occupied by MINUSTAH and the General Directorate of the National
Police collapsed. The independent expert is not sure what has happened to the back-ups of
computerized documents which should have been made regularly during the vetting
process.
69. The time has not yet come to resume the process, but when it does come these backups ought to make it possible to resume and complete the process, in accordance to the
mandate given to MINUSTAH by the Security Council.
2.
The justice system
70. The humanitarian emergency aside, the independent expert points out that the three
2007 acts on reform of the justice system should form the cornerstone of the reform of
Haiti’s Judiciary. He had stated that the reforms were stagnating owing to the failure to take
a decision on the appointment of the President of the Court of Cassation and had suggested
the interim appointment of the current Vice-President of the Court (see A/HRC/11/5, paras.
17 to 21 and 88). This matter was taken up several times with President Préval and with
Paul Denis, the new Minister of Justice, quite openly and frankly, and the reasons cited for
deferring the decision seemed legitimate. However, the independent expert considers that
the conditions are now satisfied and he again expresses the wish to see this appointment
made promptly. In fact, as a result of the humanitarian crisis the country’s judicial
institutions are in greater need than ever to be able to count on President Préval’s
determination to separate the executive and judicial branches of State power in order to
send out a clear signal on the direction of the reform to be undertaken.
71. Apart from his own ex officio powers, the President of the Court of Cassation is the
keystone of the reform of the justice system. He is the one who presides over the Supreme
Council of the Judiciary and who can therefore launch the programme on the certification
and recruitment of judges; he also presides over the Governing Board of the Judicial
Training College and would thus be able to establish the programme on the initial training
of judges which the country so badly needs.
GE.10-13204 (EXT)
15
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